These Terms apply to all visitors, users, and others who access or use the Website or submit content to us, whether electronically or in paper format, for publishing in print or any other digital medium owned or operated by us. Please read these Terms carefully before using the Website or submitting content in any format to us. If you continue to use this Website or if you submit content to us in any form, you are agreeing to comply with and be bound by these Terms.
These Terms are subject to change without notice. By continuing to use this Website, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Website will be subject to these Terms.
2. Ownership of Content
All material on this Website, including but not limited to individual articles, blogs, videos, photographs, and other content or elements comprising the Website are copyrighted works and are owned or licensed by us, unless otherwise specified.
In addition, the Website, the Senior Paper print publication, any related registered domains and subdomains, and any other digital medium owned or operated by us including, without limitation, the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademark, and logos used therein (collectively, the “Protected Material”), is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions.
Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
3. Licence of Your Content
By submitting content to us, whether electronically or in paper format, for publishing in print or any other digital medium owned or operated by us, you grant, or warrant that the owner of such materials expressly grants, us and our affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, and to use such content for promotional and marketing purposes. In addition, you warrant that all moral rights in such materials have been waived.
Without limiting the generality of the foregoing, with respect to any video submissions to us, you understand and agree that we may, or may permit users to, based solely on functionality provided and enabled by our Website, compile, re-edit, adapt, or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified, or derived) for any period.
We reserve the right to edit in whole or in part, remove, or not publish any content submitted to us without prior notice. When you submit content in any form to us, we may authorize such content to be distributed or syndicated to or published on other print or digital medium or media owned or operated by us.
4. Your Representations and Warranties
By submitting content to us in any format, you represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorize us to use all copyright, trademark, or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In addition, you represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms.
In furtherance of the foregoing, you agree that you will not:
(a) Submit material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
(b) Publish falsehoods or misrepresentations that could damage us, our users, or any third party;
(c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate;
(e) Post advertisements or solicitations of business;
(f) Collect or store personal data about other users without their express consent; or
(g) Submit material that contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website.
You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in content submitted by you. You assume all liability for any claims, suits, or grievances filed against you, including all damages related to your participation on the Website.
5. Content Solely for General Information Purposes
The information contained in this Website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purposes.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements. Any reliance you place on such information is strictly at your own risk. None of the material on the Website is to be taken as advice of any kind.
6. Opinions Expressed on Website
Opinions and other statements expressed by users and third parties (including, but not limited to, bloggers and feature contributors) are theirs alone, and do not represent our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us.
You acknowledge that by providing you with the ability to view and distribute content through the Website, we are not undertaking any obligation or liability relating to the content. We do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, or materials at any time in our sole discretion.
7. Bloggers are Independent
Submitting materials to us as a blogger does not create a contractor or employee relationship with us. You agree that you are not entitled to, and do not expect, any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You further agree that you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations.
If you wish to submit blog posts to us, you must obtain and pay for your own computer, internet access, third-party clearances and licenses and anything else you might need to create and submit your blog posts to us. You will decide when, where, and how often you write and submit your blog posts. We do not select or approve blog post topics, however, we do reserve the right to reject submissions.
Submitting materials to us as a blogger does not create an exclusive relationship between us. We will be free to accept submissions from other parties, including submissions that are the same or similar in nature to those provided by you, and you will be entitled to offer and provide content to other websites.
8. No Warranties or Representations
This Website is made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding this Website. For greater certainty, we do not represent nor warrant that the use of this Website will satisfy your purposes nor that use of this Website will be uninterrupted or free of inaccuracies.
9. International Use
We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access this site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
10. Limited Liability
We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. We are not responsible for any loss or damage, including without limitation loss or damage arising from the loss of data or profits in connection with the use of this Website. It is our right to make this Website unavailable from time to time, solely at our discretion, and we will not be liable for any loss or damage relating to such unavailability. Any claim against us shall be limited to the amount you paid, if any, for use of the Website.
11. Third Party Websites
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
In order to access certain content and services (the “Registered Services”) provided through the Website, you may be required to register to create an account (“Account”). Should you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to:
(a) Provide true, accurate, current, and complete information about yourself as required by our registration form (the “Registration Data“);
(b) Maintain and update the Registration Data to keep it true, accurate, current and complete; and
(c) Be responsible for all activities that occur under such registration or account.
If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Registered Services.
13. Changes to the Services and Fees
In connection with any purchase of services or materials from this Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on this Website or the services being offered in this Website. We also reserve the right to change any fees and initiate any new fees in connection with the Website or Registered Services.
14. Discontinuation or Suspension of Website
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website.
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. We make no assurances regarding the security of your information.
You agree to abide by all laws, including intellectual property laws, when you use the Website. You will be solely responsible for breaching any laws in association with your use of the Website. In addition, you agree to indemnify and hold harmless T.H.E. Senior Paper Ltd. and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from any violation by you of these Terms, any breach by you of your representations and warranties hereunder, or any breaches by you of laws, including intellectual property laws, in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you shall provide us with such cooperation as is reasonably requested by us.
18. Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, to delete any content submitted by you, and to disclose any of your information as necessary. Unauthorized use of this Website may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law.
In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision shall be deemed to be severable.
No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving party.
These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
The laws of the Province of British Columbia govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia.